Stern v. Bank of America CA2/2

Filed 11/7/14 Stern v. Bank of America CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

KENNETH M. STERN, as Personal B254751 Representative, etc., (Los Angeles County Plaintiff and Appellant, Super. Ct. No. PC055008)

v.

BANK OF AMERICA, N.A., et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Melvin D. Sandvig, Judge. Affirmed.

Law Offices Kenneth M. Stern, Kenneth M. Stern, in pro. per., for Plaintiff and Appellant.

Severson & Werson, Jan T. Chilton, Erik Kemp for Defendants and Respondents.

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The son of a disabled woman tried to open a bank account for his mother, using a power of attorney. Two banks rebuffed his efforts, citing policies requiring customers to be physically present when opening a new account at their offices, to comply with federal regulations regarding customer identification. The trial court, in turn, rebuffed the ensuing lawsuit alleging violations of the Unruh Civil Rights Act (the Unruh Act) and the Probate Code, dismissing the case on demurrer. We affirm. FACTS In 2011, Kenneth Stern went to a Bank of America branch office to open a new account for his mother, Thelma Stern, an invalid in her nineties with Alzheimer’s Disease who used a wheelchair. The pleading alleges that “because of her disabilities it was not convenient to bring plaintiff to the bank.” Kenneth Stern attempted to open the account using a power of attorney from his mother and her California Identification Card from the DMV. Although Mrs. Stern had an existing account, the bank refused to open a new account unless she came in personally. Kenneth Stern also went to a Wells Fargo Bank branch office. He explained Mrs. Stern’s health condition to a representative, and tried to open an account, using the power of attorney and the state identification card. Although Mrs. Stern had an existing account at Wells Fargo, the bank refused to open a new account unless she came in. Kenneth Stern filed suit against Bank of America and Wells Fargo on behalf of his mother. The amended complaint asserts violations of the Unruh Act and the Probate Code. The banks demurred, arguing that the pleading does not state facts sufficient to constitute a cause of action. The trial court sustained the demurrer without leave to amend. It found that state governments cannot dictate requirements to national banks for opening accounts: the banks must be allowed to operate in a way that prevents fraud or illegal conduct. The Sterns allege no facts showing that they were denied an account because Mrs. Stern was elderly or disabled. The banks were willing to open an account if Mrs. Stern was physically present, or she could have done so by telephone or online. Even if Mrs. Stern’s claims are not preempted by federal law, the banks’ requirement of physical